Socha v. Haine, No. 12-1598 (7th Cir. 2014)
Annotate this CaseSocha was convicted of first-degree intentional homicide in 2002. He simultaneously pursued direct appeal and state post-conviction relief. The Wisconsin Court of Appeals affirmed; the state supreme court denied review in 2007. Socha did not pursue certiorari in the U.S. Supreme Court, but filed a petition under 28 U.S.C. 2254. Under the Antiterrorism and Effective Death Penalty Act, he had one year from the date his conviction became final to file his federal habeas corpus petition, 28 U.S.C. 2244(d)(1)(A). For a state prisoner who does not seek collateral relief, the year runs from the date when the judgment becomes final by expiration of the time for seeking direct review, including the period during which the prisoner is pursuing certiorari in the U.S. Supreme Court. AEDPA suspends the running of that one year for state prisoners who seek state collateral relief, but only for the period when the state courts are considering the case, not including time during which certiorari may be sought. Socha’s petition was untimely. After a remand, the district court denied equitable tolling, finding that Socha had not been diligent in pursuing his rights and that the state had not placed intentional barriers in the way of his petition. The Seventh Circuit reversed, noting the unusual obstacles that confronted Socha, his repeated attempts to obtain his record and comply with the deadline, and the court’s initial grant of an extension.
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